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1999-12-07 City of Southlake, Texas REGULAR CITY COUNCIL MEETING: December 7, 1999 LOCATION: 667 North Carroll Avenue, Southlake, Texas City Council Chambers in City Hall WORK SESSION: 5:30 to 6:30 P.M. 1. Call to order. 2. Discussion of all items on tonight's meeting agenda. No action will be taken and each item will be considered during the Regular Session. REGULAR SESSION: 6:30 P.M. AGENDA 1. Call to order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071, 551.072, 551.073, 551.074, 551.076 and 551.086. Refer to posted list attached hereto and incorporated herein. Executive Session will be held from 6:30 to 7:00 p.m. An Executive Session may also be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the City Council to seek advice from the City Attorney as to the posted subject matter of this City Council meeting. 1. Section 551.071 Consultation with Attorney a. Seek the legal advice of the City Attorney regarding zoning issues. 2. Section 551.072 Deliberation Regarding Real Property a. Land acquisition for public works projects. b. Land acquisition for city entry portal. 3. Section 551.074 Deliberation Regarding Personnel Matters a. Employment Contract for City Manager b. Amendment to Employment Contract for City Secretary c. Appointment of legal counsel to represent the City of Southlake on issues related to Pioneer Concrete. B. Reconvene: Action necessary on items discussed in Executive Session. 3. INVOCATION: Chaplain of the Month Coy Quesenbury, pastor of the Lonesome Dove Baptist Church. 4. REPORTS: A. Mayor's Report 1. Proclamation for Pause for Peace City of Southlake, Texas Regular City Council Meeting Agenda December 7, 1999 Page 2 B. City Manager's Report C. SPIN Report CONSENT AGENDA All items listed below are considered to be routine by the City Council and will be enacted with one motion. There will be no separate discussion of items unless a Councilmember or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. 5. Consent: A. Approval of minutes of the Regular City Council meeting held November 2, 1999. B. Authorize the Mayor to enter into a renewal contract with Minors • Landscape Services, including Change Order #1 and #2, additional facilities, for mowing of parks and City facilities. C. Authorize the Mayor to enter into a professional service agreement with Carter Burgess, Inc. for consulting services for Trail System Master Plan update. D. Authorize award of bids for the following sub - trades for the construction of Town Hall and reject bids for Masonry: 1. Gypsum Board to FCS 2. Glazing to Jennings 3. Mechanical to Berger Engineering 4. Electrical to Mills Electric 5. Fire Sprinkler to Mutual 6. Scaffolding to MDM Scaffolding 7. Metal Stairs to Irwin Steel 8. Fiber - reinforced Plastic to DEC 9. Roofing to FCS 10. Exterior Insulation Finish to Triangle Plastering 11. Joint Sealants to North Texas Waterproofing 12. Doors to University Building Specialties 13. Finish Carpentry to FCS 14. Terrazzo Flooring to American Terrazzo E. Resolution No. 99 -80, Amendments to the Personnel Policies Handbook to include nepotism policy and amend vacation accrual rates. City of Southlake, Texas Regular City Council Meeting Agenda December 7, 1999 Page 3 F. Authorize the Mayor to enter into an architectural contract with Phillips Swager Associates (PSA) for the West DPS facility. G. Award of bid to Tri -Dal, Ltd. for construction of channel improvements to the West Jones Branch from SH 114 to Shady Lane. H. Award of bid to Integrated Roadway Services for F.M. 1709 traffic signal modifications and installation of a dynamic lane assignment sign at the intersection of North Kimball and S.H. 114. I. Resolution No. 99 -82, Extending the moratorium on construction of non- residential carports and covered parking until February 2, 2000. J. Resolution No. 99 -83, Clarifying expiration of terms of Library Board members. K. Resolution No. 99 -81, Authorizing the acceptance and filing of the base amount of revenues from the City's telecommunications providers and allocation of the base amount with the Public Utility Commission of Texas. L. Approval of application from Lennie Johnson for exemption of development fees under the Zoning Fees Hardship Policy adopted by Council October 5, 1999. M. Award of bid to Dallas Offset, Inc. for the printing of City newsletters. N. Resolution No. 99 -87, Authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent utility easement and temporary construction easement for use by the City for the construction of a sanitary sewer line. O. Resolution No. 99 -88, Authorizing the City Attorney to bring a condemnation action for the purpose of obtaining a permanent sanitary sewer easement and temporary construction easement for use by the City for the construction of a sanitary sewer line. P. ZA 99 -119, Plat Vacation, Lots 1 & 2, Block 1, E. A. Smith Subdivision, save and except South Carroll Avenue right -of -way dedication, as recorded in Volume 388 -154, Page 91, P.R.T.C.T. Location: East side of South Carroll Avenue approximately 2,200' south of East Southlake Boulevard (F.M. 1709). Current Zoning: "SF -20B" Single Family Residential District. Owners: Versailles III, Ltd. and Emalyn Mobley. Applicant: Versailles III, Ltd. SPIN Neighborhood #8. City of Southlake, Texas Regular City Council Meeting Agenda December 7, 1999 • Page 4 Q. Resolution No. 99 -89, Identifying the State Highway 114 and State Highway 121 Corridor (The Funnel) as a project of state and national significance and requesting that the Texas Transportation Commission direct staff to develop a multi -year phasing and funding program and to identify funds in future unified transportation plans to facilitate the express /managed alternative improvement. R. Authorize the Mayor to enter into an agreement with McElroy, Sullivan, Ryan & Miller for legal services related to Pioneer Concrete. REGULAR AGENDA 6. Public Forum 7. Ordinances, second readings, public hearings, and related items: A. Ordinance No. 480 -317, 2 Reading, (ZA 99 -057), Rezoning and Development Plan for Crown Ridge Addition, on property legally described as Tracts 8, 9, 18 and 19, situated in the R.D. Price Survey, Abstract No. 992, and being approximately 63.43 acres. Location: West side of North White Chapel Boulevard approximately 700' south of West Bob Jones Road. Current Zoning: "AG" Agricultural District. Requested Zoning: "R -PUD" Residential Planned Unit Development District. Amended Zoning Request: "SF -1A" Single Family Residential District. Applicant: Huitt- Zollars. Owner: Southlake /Solana, Ltd. SPIN Neighborhood #1. PUBLIC HEARING. B. ZA99 -092, Site Plan for Southlake Marketplace, Phase III, on property legally described as Lots 5 and 6, Block 1, Southlake Crossing, Phase II, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2425, Plat Records, Tarrant County, Texas, and being approximately 10.067 acres. Location: South side of West Southlake Boulevard (F.M. 1709) approximately 500' east of Davis Boulevard (F.M. 1938). Current Zoning: "C -3" General Commercial District. Applicant: Michael F. Twichell, L.P. Owner: Drews Realty Group. SPIN Neighborhood #16. • PUBLIC HEARING. C. Resolution No. 99 -79, ZA 99 -102 Specific Use Permit for the sale of alcoholic beverages for on- premise consumption per Zoning Ordinance No. 480, Section 45.1 (1) for Blue Bamboo Chinese Bistro, on property legally described as Lot 2, Block 1, 1709 Southlake Oaks Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 3231, Plat Records, Tarrant County, Texas, and being approximately 1.8685 acres. Location: 480 West City of Southlake, Texas Regular City Council Meeting Agenda December 7, 1999 Page 5 Southlake Boulevard, Suite 101, being on the north side of West Southlake Boulevard approximately 400' east of Shady Oaks Drive. Current Zoning: "C -2" Local Retail Commercial District. Applicant: Uni- Foods, Inc. Owner: 1709 Southlake Oaks, Ltd. SPIN Neighborhood #10. PUBLIC HEARING. D. ZA 99 -094, Revised Concept Plan for Durham Elementary School, being • legally described as Lot 1, Block 1, Carroll I.S.D. No. 1 Addition, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 2555, Plat Records, Tarrant County, Texas, and being approximately 30.475 acres. Location: East side of Shady Oaks Drive approximately 840' south of West Highland Street. Current Zoning: "CS" Community Service District. Owner and Applicant: Carroll Independent School District. SPIN Neighborhood #10. PUBLIC HEARING. E. ZA 99 -104, Revised Concept Plan for Florence Elementary School, being legally described as Tracts 1F and 1G situated in the Jesse G. Allen Survey, Abstract No. 18, and being approximately 14.25 acres. Location: Southeast corner of the intersection of Johnson Road and Harrell Drive. Current Zoning: "CS" Community Service District. Applicant: Shade Structures. Owner: Keller Independent School District. SPIN Neighborhood #15. PUBLIC HEARING. F. ZA 99 -071, Site Plan for proposed Lot 1, Block 6, Versailles, Phase III, on property legally described as a portion of Lot 2, Block 1, E. A. Smith Subdivision, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -154, Page 91, Plat Records, Tarrant County, Texas, and being approximately 0.73 acres. Location: East side of South Carroll Avenue approximately 440' north of Versailles Drive. Current Zoning: "SF -20B" Single Family Residential District. Owner: Versailles III, Ltd. Applicant: Dickerson Development, Inc. SPIN Neighborhood #8. PUBLIC HEARING. G. ZA 99 -103, Site Plan for Walgreen's, on property legally described as Tract 3 and a portion of Tract 3C situated in the W. R. Eaves Survey, Abstract No. 500, and being approximately 2.260 acres. Location: Southwest corner of the intersection of South Peytonville Avenue and West Southlake Boulevard (F.M. 1709). Current Zoning: "C -2" Local Retail Commercial District. Applicant: Wilson & Stonaker, L.L.C. Owner: Conner Lam. SPIN Neighborhood #16. PUBLIC HEARING. City of Southlake, Texas Regular City Council Meeting Agenda December 7, 1999 Page 6 H. Request for a variance to Sign Ordinance No. 704 -A, for Walgreen's, located on the southwest corner of the intersection of South Peytonville Avenue and West Southlake Boulevard (F.M. 1709). I. Ordinance No. 761, 2nd Reading, An ordinance amending Ordinance No. 682 relating to the manner of appointment and terms of office of the members of the board of directors of the Tax Increment Reinvestment Zone Number One of the City of Southlake; providing that this ordinance shall be cumulative of all ordinances; providing a severability clause; and providing an effective date. PUBLIC HEARING. 8. Ordinances, first readings, and related items: A. Ordinance No. 480 -320, 1 Reading, (ZA 99 -105), Rezoning and Site Plan for Pi Systems, on property legally described as Tracts 1814, 1 B 15, 1B6E, and 1B6F situated in the Harrison Decker Survey, Abstract No. 438, and being approximately 0.892 acres. Location: East side of Timberline Court approximately 340' south of East Continental Boulevard. Current Zoning: "MH" Manufactured Housing District. Requested Zoning: "S -P -1" Detailed Site Plan District with "I -1" Light Industrial District uses. Owner and Applicant: Pi Systems. SPIN Neighborhood #7. Public Hearing set for January 4, 2000. 9. Resolutions: A. Resolution No. 99 -90, Allowing the City to accept proposals from and award a Depository Contract to a Texas financial institution outside the city limits of Southlake. 10. Other items for consideration: A. Authorize the Mayor to approve a Scope of Service Agreement with the Southlake Chamber of Commerce for 1999 -2000. B. Authorize the Mayor to enter into Amendment #3 with Cheatham and Associates for architectural and engineering services relating to proposed improvements at Bob Jones Park. C. Authorize installation of 4 -way stop signs at Brumlow /South Carroll, Continental. D. Developer agreement for Phase 2, Town Square. City of Southlake, Texas Regular City Council Meeting Agenda December 7, 1999 Page 7 E. Request for a variance to Sign Ordinance No. 704 -A, for Southlake Town Square development signs located at the northeast corner of Carroll and East Southlake Boulevard and S.H. 114. F. Request for a variance to Sign Ordinance No. 704 -A, for Gene Kouri, DDS, MSD, Inc., located at 480 West Southlake Boulevard. G. Approval of Change Order No. 3 to the contract with Pate Brothers Construction, Inc. for the construction of a 14 -inch and 18 -inch force main along Dove Road. H. Consider response to request from Barry Knight, Winstead, Sechrest and Minick, for information regarding case ZA 99 -030, Site Plan for Children's Courtyard. I. Consideration of an employment contract for the City Manager. J. Consideration of an amendment to the City Secretary's employment contract. K. Approval of the Five (5) Year Parks Capital Improvement Program for FY 2000 through FY 2004, including FY 1999 -2000 Capital Improvements Budget. 11. Other items for discussion. (No items this agenda.) 12. Meeting Adjourned. CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at City Hall, 667 North Carroll Avenue, and the Administrative Offices, 1725 East Southlake Boulevard, Southlake, Texas, on Friday, December 3, 1999 at 6:00 p.m., pursuant to the Tex s Government Code, Cha ter Sp�`�t161 ie� o i p i o , „A Sandra L. LeGrand anti �� .'• City Secretary If you plan to attend this public 461,i i\ e a disability that requires special needs, h please advise the City Secretary 48 0 "in advance at 481 -5581, extension 704, and reasonable accommodations will be made to assist you. City of Southlake, Texas Regular City Council Meeting Agenda December 7, 1999 Page 8 EXECUTIVE SESSION SECTION 551.071 CONSULTATION WITH ATTORNEY The City Council may conduct a private consultation with its attorney when the City Council seeks the advice of its attorney concerning any item on this agenda, about pending and contemplated litigations, or a settlement offer, or on a matter in which the duty of the attorney to the City Council under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. This includes the following pending and/or contemplated litigation subjects: 1. Marriam Baloch vs. City of Southlake. January 1999. 2. Carroll /1709 LTD. vs. The Board of Adjustments of the City of Southlake. October 1999. SECTION 551.072 DELIBERATION REGARDING REAL PROPERTY The City Council may conduct a closed meeting to deliberate the purchase, exchange, lease or value of real property. SECTION 551.073 DELIBERATION REGARDING PROSPECTIVE GIFT The City Council may conduct a closed meeting to deliberate a negotiated contract for a prospective gift or donation to the City. SECTION 551.074 DELIBERATION REGARDING PERSONNEL MATTERS • The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of public officers, including the City Manager, City Secretary, City Attorney, and city boards and commission members. A complete list of the city boards and commissions is on file in the City Secretary's Office. SECTION 551.076 DELIBERATION REGARDING SECURITY DEVICES The City Council may deliberate the deployment, or specific occasions for implementation of security personnel or devices. SECTION 551.086 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS The City Council may deliberate regarding economic development negotiations. A FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING MAY ONLY BE MADE IN OPEN SESSION. L: \City Secretary \L Drive Agenda's \cc1111699agn.doc